Recent Statutory Instruments – legislation.gov.uk

Posted March 29th, 2017 in legislation by tracey

The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2017

The Welfare Reform Act 2012 (Commencement No. 9 and 21 and Transitional and Transitory Provisions (Amendment)) Order 2017

The Policing and Crime Act 2017 (Commencement No. 2) Regulations 2017

The United Nations and European Union Financial Sanctions (Linking) Regulations 2017

The Finance Act 2015, Section 54(3) (Appointed Day) Regulations 2017

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017

The European Political Parties and European Political Foundations Regulations 2017

The Enterprise Act 2016 (Commencement No. 4 and Appointed Start Date) Regulations 2017

source: www.legislation.gov.uk

Brexit, Article 50 and what it means for innovative businesses – Technology Law Update

Posted March 29th, 2017 in brexit, data protection, EC law, news, patents, referendums, treaties by sally

‘The shock of last June’s referendum result, with the UK electorate opting to leave the European Union, is starting to fade. Now the hard graft begins. Tomorrow British Prime Minister Theresa May will trigger Article 50, starting the two year process of negotiations that will end with a deal, an untidy departure or (maybe) an agreement to keep talking. Since the first analysis of what Brexit will mean for businesses we have learned more about what the UK intends to keep and discard. How are things looking now?’

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Technology Law Update, 28th March 2017

Source: www.technology-law-blog.co.uk

Mark Duggan’s family lose challenge over inquest jury’s conclusion that he was lawfully killed – Daily Telegraph

Posted March 29th, 2017 in appeals, firearms, inquests, news, police by sally

‘The family of a man whose fatal shooting by a police marksman sparked nationwide riots have lost a challenge over an inquest jury’s conclusion that he was lawfully killed.

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Daily Telegraph, 29th March 2017

Source: www.telegraph.co.uk

Court of Appeal rules against twin sisters over occupation of council flat – Local Government Lawyer

Posted March 29th, 2017 in appeals, landlord & tenant, local government, news, rent, repossession by sally

‘Twins who did not occupy a council flat as their main residence were not entitled to remain there having built up substantial rent arrears, the Court of Appeal has said.’

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Local Government Lawyer, 29th March 2017

Source: www.localgovernment.co.uk

Elizabeth Campion: The Constitutional “Ripple Effect” of the European Union (Notification of Withdrawal) Act 2017 – UK Constitutional Law Association

‘Miller and others v Secretary of State for Exiting the European Union [2017] UKSC 5 was highly anticipated as perhaps the most signficant constitutional case of this generation, stirring up such strong reactions that the judges of the Divisional Court who initially decided in favour of Ms. Miller were dubbed “Enemies of the People”. Two months after a majority of an 11-member Supreme Court confirmed that prerogative powers could not be used to invoke Article 50, however, the European Union (Notification of Withdrawal) Act 2017 (hereafter referred to as the “Withdrawal Act”) received Royal Assent, conferring power on the Prime Minister to give the notification required to begin the process of the United Kingdom’s withdrawal from the European Union. The passage of the Withdrawal Act fulfilled the constitutional requirements identified in Miller formally, within the purely political timetable set by the Prime Minister at the Conservative Party’s conference and without any additional legal requirements being imposed by way of amendment. This not only sets the stage but also prepares the way for a more permanent sidelining of Parliament as the supreme legislative body in the UK’s constitution as part of the process of leaving the European Union.’

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UK Constitutional Law Association, 27th March 2017

Source: www.ukconstitutionallaw.org

Supreme Court clarifies distinction between ‘advice’ and ‘information’ negligence cases – OUT-LAW.com

Posted March 29th, 2017 in drafting, law firms, loans, mistake, negligence, news, Supreme Court by sally

‘A law firm that made a mistake when drafting a loan letter on its client’s instructions, and failing to draw critical information to his attention, was not liable to that client when the loan failed. The client would have made a loss on the loan in any event due to his commercial misjudgments, the UK’s highest court has ruled.

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OUT-LAW.com, 29th March 2017

Source: www.out-law.com

“Judicial Bias Considered” – Zenith PI Blog

Posted March 29th, 2017 in bias, judiciary, medical treatment, negligence, news by sally

‘In Willmott–v- Rotherham NHS Foundation Trust (2017) EWCA Civ 181 the Court of Appeal considered whether a Judge’s comment during a clinical negligence trial had the objective appearance of bias or prejudging the evidence.’

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Zenith PI Blog, 28th March 2017

Source: www.zenithpi.wordpress.com

Bullying at work: your legal rights – The Guardian

Posted March 29th, 2017 in bullying, employment, news by sally

‘What qualifies as workplace bullying? And what legal protection do you have if you are being bullied at work?’

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The Guardian, 29th March 2017

Source: www.guardian.co.uk

‘Reverse VAT charge’ proposed to tackle construction sector labour fraud – OUT-LAW.com

Posted March 29th, 2017 in construction industry, fraud, news, VAT by sally

‘Contractors could become responsible for accounting for VAT on construction labour services that they purchase under plans put forward for consultation by HM Revenue and Customs (HMRC).’

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OUT-LAW.com, 27th March 2017

Source: www.out-law.com

Royal Marine Alexander Blackman expresses ‘relief’ at sentence cut – BBC News

‘Royal Marine Alexander Blackman has spoken of his “profound sense of relief” after his sentence for shooting dead a wounded Taliban fighter in Afghanistan was reduced.’

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BBC News, 29th March 2017

Source: www.bbc.co.uk

Article 50 triggered today: The key points, reaction and analysis – Daily Telegraph

Posted March 29th, 2017 in brexit, EC law, news, notification, referendums, treaties by sally

‘Theresa May will officially trigger Article 50 at 12.30pm today, launching two years of negotiations that will end with Brexit in 2019.’

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Daily Telegraph, 29th March 2017

Source: www.telegraph.co.uk

Model for online court “will begin to hear small claims from 1 June” – Legal Futures

Posted March 29th, 2017 in electronic filing, news, small claims by sally

‘The pioneering digital tribunal thought to be the model for England and Wales’s online court (OC) will begin resolving small claims disputes worth under about £3,000 on 1 June, it has emerged.

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Legal Futures, 29th March 2017

Source: www.legalfutures.co.uk

‘Hillsborough law’ could imprison police officers who are not truthful – The Guardian

Posted March 29th, 2017 in health & safety, inquests, news, police, statutory duty by sally

‘A proposed “Hillsborough law” requiring police forces and public authorities to be open and truthful in legal proceedings, including about their own failures, and that would give bereaved families the same resources as the police to make their case at future inquests is to be presented to parliament.’

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The Guardian, 29th March 2017

Source: www.guardian.co.uk

RSPCA reports rise in animal cruelty claims but fall in convictions – BBC News

Posted March 29th, 2017 in animal cruelty, news, statistics by sally

‘The RSPCA investigated more than 400 allegations of animal cruelty per day last year – a rise of nearly 5% compared to the previous 12 months.’

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BBC News, 29th March 2017

Source: www.bbc.co.uk

UK government can force encryption removal, but fears losing, experts say – The Guardian

Posted March 29th, 2017 in encryption, investigatory powers, news, terrorism by sally

‘The government already has the power to force technology firms to act as it wants over end-to-end encryption, but is avoiding using existing legislation as it would force it into a battle it would eventually lose, security experts have said.’

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The Guardian, 29th March 2017

Source: www.guardian.co.uk